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This document sets out the legal position in relation to the e-marketing requirements in Europe. For the purposes of this document, the term "Opt-Out Rule" means that the sending of e-marketing to the recipient is permitted on an opt-out basis if:
- the recipient's details were originally collected "in the context of a sale";
- the entity sending the marketing is the same legal entity that collected the recipient's details initially;
- the marketing relates to "similar" products and/or services for which the recipient's details were originally obtained; and
- the recipient is given the opportunity free of charge to object to the e-marketing, both at the time their details were collected and in each subsequent communication.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
